Friday, February 1, 2019

Davis Refinery Permit -- Appeal Dismissed With Prejudice -- February 1, 2019

I knew the most recent ruling was in favor of the refiner. I did not know the appeal "was dismissed with prejudice." From the Bakken oil report:
Meridian Energy Group, Inc., the emerging growth refining firm and leading innovator in advanced technology and environmentally-beneficial full-conversion petroleum processing facilities, announced on January 25, 2019 that a North Dakota District Court has upheld the Permit to Construct (“PTC”) for the Davis Refinery that was issued on June 13th, 2018 as a Synthetic Minor Source. The PTC issued by the North Dakota Department of Health – Air Quality Division was challenged after a thorough 18-month review process one in which involved numerous governmental agencies.

Meridian continues to make big strides, as all of the four appeals have been ruled in favor of the Company.
Four appeals. All upheld in favor of the company.

So, what does "dismissed with prejudice" mean?

From uslegal:
A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it.
Also from uslegal:
A court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time. When a plaintiff who has commenced an action fails to comply with discovery devices, a court, which has issued the order of compliance, may sua sponte dismiss the case with prejudice. [sua ponte: his/her own accord; doesn't require prior motion from either party]
What does res judicata mean?

From the "dictionary":
  • a matter that has been adjudicated by a competent court and may not be pursued further by the same parties

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